26 Jul 1984
SCHINDLER LIFTS (HONG KONG) LTD v. SHUI ON CONSTRUCTION CO LTD
- Citation
- SCHINDLER LIFTS (HONG KONG) LTD v. SHUI ON CONSTRUCTION CO LTD
- Court
- Court of First Instance
- Case number
- HCA2270/1984
The court held that 'receipt of payment' in clause 11(b) includes an employer's deduction made under a formally correct architect's certificate issued under clause 22 of the main contract; such deduction operates as a payment/set-off for the main contractor, triggering the 14-day payment obligation to the sub-contractor, and challenges to the certificate's substantive validity cannot prevent that effect prior to practical completion; accordingly summary judgment was appropriate and the stay to arbitration was refused.